MASSACHUSETTS B. & INS. CO. v. INDUSTRIAL COMM.


8 Wis.2d 606 (1959)

MASSACHUSETTS BONDING & INSURANCE COMPANY and another, Appellants, v. INDUSTRIAL COMMISSION and another, Respondents.

Supreme Court of Wisconsin.

December 1, 1959.


Attorney(s) appearing for the Case

For the appellants there was a brief by Brennan, Brennan & Brennan of Milwaukee, and oral argument by Joseph K. Brennan.

For the respondent Industrial Commission the cause was argued by Mortimer Levitan, assistant attorney general, with whom on the brief was John W. Reynolds, attorney general.


HALLOWS, J.

The only issue is whether Tate, the employee, was intoxicated and, if so, whether that intoxication was the cause of the accident so as to reduce by 15 per cent whatever compensation Tate might be entitled to from the appellants. On the issue of intoxication, to reduce the amount of compensation, the employer has the burden of proving all facts necessary for such 15 per cent decrease. This burden is analogous to the rule which places the burden of proof...

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